Role of OSTI vs client's rights

Item: Ombudsman for Short Term Insurance
Rating: 1
Author: allister S

I thought the Ombudsman was their to protect the customers from poor advice giving and pathetic service from insurers. I was proven so wrong because OSTI doesn't care about customers or even the different FAIS Acts that was implemented. Advice giving is defined in the act and also the TCF Act. They don't enforce these acts and shows that it was brought in for show and not being implemented

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Replies (1)

Ombudsman for Short Term Insurance's replyOfficial

30 Nov 2022, 17:59

Dear Allister Ambrose S

Our office does not have the jurisdiction to deal with advice-related disputes. The FAIS Ombud's office is the office that has the relevant jurisdiction.
Our office does not have the jurisdiction to deal with pure poor service issues either. We can only assist where financial losses have been proved by complainants.
If it is your view that the decision taken was incorrect, you may use our internal escalation process. You will just have to detail reasons why you think the matter must be escalated and convey the same to the staff you have been dealing with. Your matter will then be escalated.
Decisions can only be made in line with the available evidence and whether the party that bears the responsibility to prove its case has succeeded in that regard.
It is also important to note that your rights are defined by the contract you concluded with your insurer. The ombudsman cannot rewrite that contract or create its own contract and/or apply it.
It is the consumer's own responsibility to ensure that any product purchased meets their needs.

We trust that the above is helpful.

Yours faithfully

Peter Nkhuna
Senior Assistant Ombudsman

Ombudsman for Short Term Insurance's reply30 Nov 2022, 17:59

Official

Dear Allister Ambrose S

Our office does not have the jurisdiction to deal with advice-related disputes. The FAIS Ombud's office is the office that has the relevant jurisdiction.
Our office does not have the jurisdiction to deal with pure poor service issues either. We can only assist where financial losses have been proved by complainants.
If it is your view that the decision taken was incorrect, you may use our internal escalation process. You will just have to detail reasons why you think the matter must be escalated and convey the same to the staff you have been dealing with. Your matter will then be escalated.
Decisions can only be made in line with the available evidence and whether the party that bears the responsibility to prove its case has succeeded in that regard.
It is also important to note that your rights are defined by the contract you concluded with your insurer. The ombudsman cannot rewrite that contract or create its own contract and/or apply it.
It is the consumer's own responsibility to ensure that any product purchased meets their needs.

We trust that the above is helpful.

Yours faithfully

Peter Nkhuna
Senior Assistant Ombudsman